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One critical element of the laws of war is a concept known as "belligerent privilege," which stipulates that combatants may legally kill other combatants but may not target civilians. What, then, does a soldier do about the fact that in modern warfare it can be extraordinarily difficult to tell the difference?

Terrorists often choose to move undetected through the ranks of civilian populations. They hide in plain sight by wearing civilian clothes rather than uniforms or distinctive emblems. "They may be farmers by day and fighters by night," said David Luban, a Georgetown professor of law and philosophy, at an event that was part of the Ethics and War series. What's more, civilians may offer food and shelter to enemy soldiers - do they in the process become combatants? And what, finally, should the soldier do about civilians who are being used as a shield to protect combatants?

These are tricky questions. Luban said the phrasing of the Geneva Convention leaves open the possibility that soldiers may legally target civilians in a conflict zone. Article 48 says the military must discriminate between civilians and combatants at all times. Yet Article 51 notes that civilians shall only enjoy full protection in times of conflict "unless and for such times as they take a direct part in hostilities."

Efforts to clarify these issues have proved to be "highly dangerous," said Luban. In 2009, the Obama administration made a change in the Military Commissions Act to label anyone who materially supports hostilities against the U.S. as an "unprivileged enemy belligerent." As a result, civilians who tacitly support an enemy regime or terrorist organization may be lawfully targeted. Unfortunately, the amendment drew no distinction between those who did so voluntarily and those who did so involuntarily. It other words, a civilian actively helping a terrorist might be construed to be a combatant. But less clear, said Luban, is how the U.S. government would consider an Afghan woman who under duress shelters members of the Taliban.

The lack of consensus, he said, has led to widespread confusion within the military. One soldier told Luban that he didn't "think anyone has worked out what to do when civilians take on certain risks by assisting the enemy," or what to do when "soldiers and civilians are indistinguishable."

It is equally difficult to know how far the military is obligated to go to protect innocent civilians. It is often left to the discretion of an individual solider or unit to make that call, and often in a split second. Luban cited one well-known example in which one British soldier, Frank Richards, was ordered to throw bombs into cellars to target German soldiers during the First World War. When Richards chose to issue a warning cry to alert civilians in hiding, he lost a key advantage over his enemy.

The attitude toward civilians is very different today, Luban said. The unspoken sentiment among soldiers is that "we'll not lose another life for these people." But they are wrong to think this way. Luban cited recent studies that indicate it is in the best interests of soldiers to protect the innocent. Brigades that actively try to prevent civilian casualties tend to take the fewest casualties in their own ranks. "If you're careless in protecting civilians," he argued, "you're careless in everything."

The key, Luban said, is establishing clear boundaries. Wars are inevitable, and no matter how compelling the moral arguments, he argued, "the states that ratify treaties like the Geneva Convention will never accept rules that ruin their own military effectiveness." However, the issues surrounding civilians in war zones must be addressed to ensure that soldiers are not left with a dangerous incoherence. Ultimately, he said, "we need analytic clarity."

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President Obama's vision of a "world free of nuclear weapons" -- first enunciated in Prague in April 2009 -- has been derided by his critics as a utopian fantasy that will have no influence on the nuclear strategies of other nations.

But in a special issue of The Nonproliferation Review, entitled Arms, Disarmament, and Influence: International Responses to the 2010 Nuclear Posture Review, 13 prominent researchers from around the world examined foreign governments' policy responses to Obama's 2010 Nuclear Posture Review (NPR), the landmark document published a year and a day after his Prague speech.

They found that many nations, though not all, had been "strongly influenced by Washington's post-Prague policy and nuclear posture developments," which reduced the role of nuclear weapons in U.S. national strategy, and assured non-nuclear nations that the U.S. would never use nuclear arms against them provided they remained in compliance with their obligations under the Nuclear Non-Proliferation Treaty.

Indeed, the 11 case studies presented "demonstrate that U.S. pronouncements and actions influenced bureaucratic infighting and domestic debates inside a number of important foreign governments, and that some of these governments have adjusted their own policies and actions accordingly."

Read the full report here.

See a presentation about the report here, or listen to a different one here.

Read CISAC co-director Scott Sagan's essay on "Obama's Disarming Influence" in the Bulletin of the Atomic Scientists.  

Read Thomas Fingar's essay on "How China Views U.S. Policy" in the Bulletin of the Atomic Scientists

Highlights:

* Russia adopted a nuclear doctrine that was considerably more moderated than it would have been had the United States not pushed ahead with its own policy changes. In the run up to the April 2010 publication of the NPR, Washington "reset" relations with Russia, ended the deployment of missile defense components in Poland and the Czech Republic, and resumed the disarmament negotiations that ultimately led to the ratification of the New START treaty. As a result of this process, and continuous consultation with Russia about the NPR, Moscow narrowed the role of nuclear weapons in its policy and the range of circumstances in which it would consider using them. (page 39)

* "The most important short-term success of Obama's nuclear weapons policy," along with the "Prague Spirit," has been to halt the erosion of the NPT. "Obama's policies helped extract a minimum positive result from the 2010 NPT Review Conference, a favorable outcome compared to the chaos that his predecessor's representatives had created at the 2005 conference." The Obama policy was welcomed as a positive development, which allowed "key players, such as Egypt and Brazil, to strive for compromise, and others, such as Russia and China, not to block it." (page 219)

* The U.S. effort to encourage other governments to reduce the role of nuclear weapons in their policy was successful in the United Kingdom, which adopted a nuclear posture that was very similar to that to the U.S. (page 238)

* Due in large part to the Obama policy, some of the non-nuclear weapons states in NATO began to push for the removal of sub-strategic nuclear weapons from Europe. At the November 2010 NATO summit, members agreed to a new Strategic Concept that called for negotiations with Russia and a linkage between the reduction and eventual elimination of nuclear weapons in NATO Europe to comparable reductions in western Russia. (page 238)

* Obama's new nuclear doctrine was a driving force behind a May 2010 agreement among 189 nations at the Nonproliferation Review Conference to a set of disarmament objectives and steps to reinforce the nuclear non-proliferation regime. (page 238)

* The Obama disarmament initiatives encouraged Indonesia's decision to begin the process of ratifying the Comprehensive Test Ban Treaty. (page 238)

* China continues to view Washington's nuclear doctrine with suspicion. Although Beijing viewed the 2010 NPR favorably compared to its 2001 predecessor, it still found serious cause for concern. This is partly the result of timing: the NPR came out amid a period of rising tension between U.S. and China. It also reflected a tendency among Chinese leaders to view virtually all U.S. doctrine and actions as part of a concerted effort to constrain its rise. In this view, the NPR would foster comparisons between nuclear decreases in Russia and the U.S., and increases in China, and be used as leverage to force Beijing to engage in an expensive conventional arms race. In keeping with this China-centric view, Chinese officials were also concerned about the U.S. military's continued development of missile defense capabilities. (page 243)

* Many non-nuclear weapons states--such as Egypt, Brazil, and South Africa--emphasize their opposition to any constraints being placed on their right to enjoy the benefits of civilian nuclear energy. Some of their opposition is "due to post-colonial sensitivity about any apparent inequality in the terms of international agreements that divide the world into 'haves' and 'have-nots.'" Others are engaged in bargaining, waiting to see what nuclear-weapons states will do regarding disarmament before offering to accept more constraints on nuclear technology development. Some governments also appear to be engaged in "hedging behavior--protecting their ability to enrich uranium or reprocess plutonium" to be closer to acquiring nuclear weapons in the future, should they choose to do so. This may be disappointing for Washington policymakers, but it should not be surprising. After all, the U.S. employs a similar "hedging strategy" in its management of its own nuclear stockpile. As a result, it is imperative to begin discussions of how to reduce the danger of both kinds of nuclear hedging behavior. (page 255)

* The Obama administration must continue "to ensure there is consistency and discipline in the messages" emanating from the military and the government bureaucracy. Some foreign governments viewed the NPR's guarantees as mere rhetoric. "Such a skeptical view is encouraged whenever a senior US military officer makes statements that reflect a lack of understanding or lack of discipline regarding nuclear use policy." Even after the NPR was released, a top U.S. general insisted that the United States had not altered its "calculated ambiguity" policy. (page 258)

 

The special issue of the Nonproliferation Review was coordinated by Scott D. Sagan, co-director of the Center for International Security and Cooperation at Stanford University, and Jane Vaynman, a PhD candidate at the Department of Government at Harvard University, and a National Security Studies Fellow at the Weatherhead Center for International Affairs. The journal is published by the James Martin Center for Nonproliferation Studies at the Monterey Institute of International Studies, and it is edited by Stephen Schwartz.

Authors:

Irma Argüello is founder and chair of the NPSGlobal Foundation, a private nonprofit initiative that focuses on improving global security and reducing risks stemming from WMD proliferation.

Ralph A. Cossa is President of the Pacific Forum CSIS in Honolulu. He is senior editor of the Forum's quarterly electronic journal, Comparative Connections. 

Ambassador Nabil Fahmy is the founding Dean of the School of Global Affairs and Public Policy at the American University in Cairo. He is also the Chair of the James Martin Center for Nonproliferation Studies' Middle East Project.

Thomas Fingar is the Oksenberg-Rohlen Distinguished Fellow and Senior Scholar in the Freeman Spogli Institute for International Studies at Stanford University.

Brad Glosserman is Executive Director of the Pacific Forum CSIS in Honolulu. Mr. Glosserman is co-editor of Comparative Connections, the Pacific Forum's quarterly electronic journal, and writes, along with Ralph Cossa, the regional review.

S. Paul Kapur is associate professor in the Department of National Security Affairs at the U.S. Naval Postgraduate School and a faculty affiliate at Stanford University's Center for International Security and Cooperation.

Mustafa Kibaroglu is an Assistant Professor at Bilkent University.

Michael Krepon is the co-founder of the Stimson Center, a Washington-based think tank specializing in national and international security problems. 

Harald Müller is executive director of Peace Research Institute Frankfurt and Professor at International Relations at Goethe University Frankfurt.

Pavel Podvig is an independent analyst based in Geneva, Switzerland, where he manages the research project Russian Nuclear Forces.

Scott D. Sagan is the Caroline S.G. Munro Professor of Political Science, co-director of Stanford's Center for International Security and Cooperation, and a Senior Fellow at the Freeman Spogli Institute. He also serves as the co-chair of the American Academy of Arts and Science's Global Nuclear Future Initiative.

Scott Snyder is Director of the Center for U.S.-Korea Policy at The Asia Foundation, Senior Associate at Pacific Forum CSIS, and Adjunct Senior Fellow for Korean Studies at the Council on Foreign Relations.

Jane Vaynman is a PhD candidate at the Department of Government at Harvard University and a National Security Studies Fellow at the Weatherhead Center for International Affairs.

The Center for International Security and Cooperation (CISAC), part of the Freeman Spogli Institute for International Studies (FSI), is an interdisciplinary university-based research and training center addressing some of the world's most difficult security problems with policy-relevant solutions. The Center is committed to scholarly research and to giving independent advice to governments and international organizations.

 

 

 

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Dr. Farrell earned a Ph.D. in Government from Georgetown University in 2000. He also holds a B.A. and M.A. in Politics from University College Dublin. Previously, he served as Assistant Professor at the University of Toronto, and was a senior research fellow at the Max Planck Institute on Common Goods in Bonn, Germany. He has taught courses on the political economy of European integration, the politics of the Internet, and the comparative political economy of Europe at the University of Toronto and Georgetown University.

Dr. Farrell's publications include: "Constructing the International Foundations of E-Commerce: The EU-US Safe Harbor Agreement," in International Organization, 57,2 (2003); "Trust, Distrust, and Power," in Distrust, ed. Russell Hardin (Russell Sage Foundation, forthcoming); and "Trust and Political Economy: Comparing the Effects of Institutions on Inter-Firm Cooperation," in Comparative Political Studies (forthcoming). Dr. Farrell is a member of the American Political Science Association, the International Society for the New Institutional Economics, the International Studies Association, and the European Union Studies Association

Graham Stuart Lounge

Henry Farrell Associate Professor of Political Science and International Affairs Speaker George Washington University
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This seminar will sketch the transition of Austria's gender relations between the 1960s and the firts decade of the 20th century. Departing from a "(Strong) Male Breadwinner/ Female Home Carer Model," the gender relations in Austria have changed significantly, yet Austria has not adopted a more egalitarien system such as the "Dual Breadwinner/ Marketized Female Carer Model" established in the USA, or the "Dual Breadwinner/ State Carer Model" established in Scandinavian Countries. Instead, Austria has (like Germany and the Netherlands) converted into a "(Weak) Male Breadwinner/ Female Parttime Carer Model".

The seminar will track the significant changes of gender relations - the "emancipatory" processes of rising female partipation in education and wage labor, and the loosening of ties of traditional marriage and family, but also the processes of reproduction of gender inequality in education, work and family. Finally, the seminar will address how social, family and gender policies have contributed to these contradictory developments.

Professor Max Preglau (Sociology, University of Innsbruck) is the 2010-11 Visiting Austrian Chair at The Europe Center.

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Professor of Sociology at University of Innsbruck, Austria
Distinguished Austrian Visiting Chair Professor, 2011
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Max Preglau is a professor of Sociology at the Department of Sociology, School of Political Science and Sociology of the University of Innsbruck in Austria. His work focuses on Critical Social Theory and on the comparative Study of Contemporary Societies, Social Inequalities, Welfare Regimes and Social Policies (Austria and EU-Memberstates).

In 2006-07 Preglau was a Joseph Schumpeter Fellow at the Weatherhead Center for International Affairs, Harvard University. Until 1991 he was associate professor, until 1986 assistant professor at the Department of Sociology at the School of Economic and Social Sciences of the University of Innsbruck, Austria. Preglau received his doctoral degree in the Social and Economic Sciences from the Vienna Business School, a post-graduate Diploma in Sociology from the Institute for Advanced Studies in Vienna and his qualification for university teaching (Habilitation) of Sociology from the University of Innsbruck.

Professor Preglau's current research projects include "Comparative Analysis of Social Structures: Austria, Europe and the USA," and "Comparative Analysis of Welfare States and Social Policies: Austria, Europe and the USA."

Courses:
SOC 252: Current Social Change: Austria, Europe and the US
Term: Winter, 3-5 units
Tue/Thur 3:15 - 5:05 PM, 160-127

SOC 253: Rise, Current Challenges and Transformations of the Welfare State
Term: Spring, 3-5 units
Tue/Thur: 3:15 - 5:05 PM, 160-127

Max Preglau Speaker
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Ethical consumerism has been around for a long time—during the revolution, many Americans protested against the Stamp Act of 1756 by refusing to buy tea and other Brit- ish goods. In recent years, ethical consumerism has become an increasingly prominent feature of social life, as new forms of technology have allowed consumers to use their choices in the marketplace to address various environmental, labor and trade concerns.

Surprisingly, relatively little attention has been paid to the moral issues raised by ethical consumerism. Suppose that consumers are morally permitted to use their buying power to pressure companies to treat animals better or to reduce carbon emissions. Does this mean that they can also pressure pharmacies not to stock the “morning after” pill? Can they pressure Wal-Mart not to sell books or music that they find offensive? Even in cases where consumers are pressuring companies to do the right thing, do their actions amount to a kind of vigilante justice?

Waheed Hussain is an assistant professor in the Department of Legal Studies and Business Ethics at the University of Pennsylvania's Wharton School of Business. He has a Ph.D. in Philosophy from Harvard University and an A.B. in Philosophy from Princeton University. His main research interests lie in moral and political philosophy, particularly in those areas that bear on the morality of economic life.

One of his major research projects focuses on the philosophical debate about how best to understand the political concern for freedom. After formulating and defending an interpretation of this concern, he argues that the most attractive economic arrangements from the standpoint of freedom are those that extend democratic forms of decision making into economic life. An example of such an arrangement would be the codetermination system in Germany, which gives representatives of labor a significant role to play in economic decision making.

Other current projects include developing a more adequate understanding of the nature of personal autonomy and its significance in political contexts, examining the role of secondary associations in a capitalist democracy, formulating a moral contractualist account of the duties of corporations and their managers, and assessing the case for the corporation's right (and perhaps duty) to engage in civil disobedience.

At Wharton, Professor Hussain teaches Legal Studies 210, Corporate Responsibility and Ethics and Legal Studies 226, Markets, Morality and the Future of Capitalism, which is cross-listed in both the Philosophy Department at Penn and the Program in Politics, Philosophy and Economics.

Graham Stuart Lounge

Waheed Hussain Assistant Professor, The Wharton School Speaker University of Pennsylvania
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About the speaker:

Dr. Franz Cede is a retired Austrian diplomat who served as the Austrian Ambassador to Russia (1999-2003) and to NATO (2003-2007). He also was the Legal Advisor to the Austrian Foreign Ministry. He has a strong California connection dating back to the time when he was the Austrian Consul General in Los Angeles 20 years ago. Dr Cede holds the degree "Doctor of Law" from Innsbruck University. He received an M.A. in international affairs from the School of Advanced International Studies (SAIS) in Washington, D.C., and is currently an associate professor at the Andrassy University in Budapest, Hungary. Dr. Cede has published several books and articles in the field of international relations, international law and diplomacy.

Jointly sponsored by The Europe Center at the Freeman Spogli Institute for International Studies, and the Center for Russian, East European and Eurasian Studies.

 

Audio Synopsis:

In this talk, Dr. Cede details his views on Russia's evolving relationships with the EU, NATO, and the US, drawing on his experiences as Austrian ambassador to the Soviet Union from1999 to 2003. Cede first outlines his perceptions of present-day Russia-US and Russia-NATO relations. Russia, he explains, still thinks in Cold War terms of bilateral relations and considers the United States to be its primary strategic partner on global security issues, especially in light of the Obama administration's recent "reset" of relations and ratification of the new START treaty. In contrast, Russia views NATO as outdated and yet still a threat. Its expansion to the East is viewed with suspicion by Putin's administration, which considers these developments to be distinctly anti-Russian. Russia engages with NATO only to the extent that it believes it can influence the organization's behavior and policies toward Moscow.  Still, in Cede's experience, the NATO-US-Russia triangle continues to be at the forefront of Russian policymakers' dialogue. Russian leaders prefer to avoid dealing with the EU because it lacks a coherent foreign policy, and also because Russia prefers bilateral relations with countries that offer a strategic benefit. Dr. Cede quotes Timothy Garton Ash, who wrote in a recent op-ed that "much of the Russian foreign policy elite treats the European Union as a kind of transient, post-modern late 20th century anachronism: flawed in principle, and feeble in practice. What matters in the 21st century, as much as it did in the 19th century, is the...determination of great powers." Dr. Cede cites the Georgian military intervention and recent Ukrainian gas crisis as examples of Russia's renewed attempts to reestablish dominance in its neighborhood.  

In the second portion of his talk Dr. Cede traces the evolution of Russian views of the EU and NATO.  Ten years ago, the EU-Russia relationship was largely ignored in the Russian media. When Cede asked Russian citizens for their views on the EU, they "either didn't know or didn't care." As Ambassador, Dr. Cede found Russian officials better informed, but  disdainful of being given orders by EU donors and "treated like a developing country." Cede illustrates this dynamic by recounting the 2004 incident in which the EU forced the residents of Russia's Kaliningrad Oblast region to apply for EU Shengen visas, which then required special permits to travel throughout Russia.  Western assurances that EU expansion to the east was not an attack on Russia but rather an attempt to extend stability to the Eastern bloc fell on deaf ears. Cede believes that notwithstanding Russia's attitude, the country is too big to ever join the EU, or to be influenced by Europe in its policy decisions. Because Russia still views itself as "one of the poles in a multipolar world," Dr. Cede insists that any change must come from within the country. However, Cede views Russia's candidacy to the WTO, which would require a clearer commitment to democracy and open economic policies, as a glimmer of hope.

Finally, Dr. Cede outlines several "permanent" features of Russia's relationship with the world, including economic interdependence, lack of cooperation on security policy, and weak relations with stateless organizations like the EU and NATO. He lays out several recommendations, which are elaborated on during the Q&A session:

  1. EU policymakers and other Western powers (notably the US) should strengthen their common Russia policy. Given the EU's dependence on Russia for oil and gas, it should also diversify its own energy sources to strengthen its bargaining position.
  2. The EU should consider membership for "bridge countries" such as Ukraine, Moldova, and Belarus.
  3. Personal diplomacy between universities, civil society, and citizens is important.  This includes reevaluation of visa policy. Cede hopes that the advent of the internet will also help improve attitudes between Russia and the rest of the world.

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Franz Cede Former Austrian Ambassador to Russia Speaker
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After the peaceful mass uprising that toppled one of the world's oldest autocracies, it is now possible to imagine the emergence of a genuine democracy in Egypt-the most important country in the Arab world. The very possibility of it marks an historic turning point for the entire region. However, there is a long and often treacherous distance between the demise of an authoritarian regime and the rise of a democracy.

With no experience of democracy in recent decades, and no apparent government leadership that is committed to bringing it about, Egypt's transition faces more formidable challenges than the transitions that led to democracy in recent decades in countries like Spain, Greece, Argentina, Brazil, Chile, the Philippines, Poland, South Africa, Indonesia, and Ukraine. (Which isn't to say these were easy: We forget how difficult each of these transitions seemed at the time, and how fraught they were with dangers and uncertainties.) With an energized civil society and deep resources of youthful talent, creativity, and mobilizing skill, Egypt has a real chance to get to democracy in the next few years. But doing so will require a keen analysis of the numerous potential traps that could sandbag the process.

The first trap is the Machiavellian opaqueness of the aging generals who are now running the country. Beginning with the Defense Minister (and now junta leader) Mohamed Tantawi, until a few days ago a close ally of the deposed President Mubarak, Egypt's new military rulers cannot be trusted to structure the political process and emergent rules in a way that will favor genuine democracy. Their principal goal, it appears, is to preserve as much of the old order as possible-Mubarakism without Mubarak (the father or the son). This means another round of the old shell game of Arab regimes-what Daniel Brumberg has called "liberalized autocracy." The process of liberalization-which runs in cycles, and which countries like Morocco and Jordan have seen many iterations of-institutes just enough change in the rules and faces to give the appearance of movement toward democracy without any of the dangers (for the ruling elite). But the changes, imposed from above, stop well short of the sweeping institutional transformations that would open wide the political arena (and the functioning of government) while leveling the playing field.

In their initial "communiqués," Egypt's ruling generals show signs of treading down this duplicitous path. Their initial choices have evinced the seductive veneer of democratic change but the closure and control of authoritarian continuity. To begin with, there appears so far to be little consultation with democratic forces in determining the character and pace of transition. Despite opposition demands, emergency rule remains in place, and so do many political prisoners. The military's initial decisions have been unilateral and preemptory. We learn there will be a constitution drafted within two months, followed by a referendum. A respected retired judge will head the process. This will produce "amendments" to the now-suspended authoritarian constitution. But what will be the role for Egyptian opposition and civil society in this process? What will be the scope down the road to draft a completely new, more democratic and legitimate constitution with broad popular participation and support? Will the president to be elected later this year serve another imperial six-year term, or be a caretaker heading a neutral government until a new constitution can be adopted and fresh elections held? At this point, if anyone knows the answers to these questions, it is only the junta.

The military is talking about early presidential and legislative elections, within six months. What could be more democratic than that? But, in fact, after the fall of a longstanding autocracy, it typically takes a lot longer than six months to organize competitive, free, and fair elections. Think of the steps. A neutral and independent electoral administration must be established. This requires not just legal authorization but also new leadership, and recruitment, training, funding, and deployment of new staff and equipment. If Egypt's generals intend to have elections administered by the same Ministry of Interior that shamelessly rigged the vote for Mubarak and his ruling National Democratic Party (NDP), that will be a sure sign that they do not intend to deliver democracy-or are too incompetent and cavalier to care. Then, the next step must be to produce a new register of voters. Experts believe only a quarter of eligible Egyptians are registered to vote today. The exclusion was very useful to perpetuating autocracy but could be deadly for an emerging democracy. That will take months, money, and far-reaching organization to do even reasonably well.

It will be one thing to elect a new president and quite another to choose a new parliament in Egypt's transitional flux. The military now suggests the two elections can be held together within six months. But they will have very different logics and requirements. A presidential election will be much simpler. The old order will no doubt throw up a somewhat more palatable face, perhaps the former Foreign Minister Amr Moussa. The democratic opposition may well rally behind a single candidate (though the regime, no longer able to exclude a democratic alternative, will probably try to fragment the field with as many opposition candidates as possible). Still, voters will be faced with a few principal choices for national leadership, and it won't matter where people vote, so long as they are of voting age and only vote once. This kind of election can be done more roughly and quickly, tossing aside the voter register and just dipping every forefinger in indelible ink after it has marked a ballot for one presidential candidate or another. It will be important in this election-and every future one-to ensure transparency and citizen monitoring of the vote, as well as to have Egypt's judiciary oversee the balloting (as it did in previous elections until the judges got too good at it and Mubarak cut them out). But, otherwise, a presidential election won't be a complicated affair.

By contrast, new parliamentary elections present formidable challenges. First, Egyptians (and hopefully not just the military) must decide what electoral system will be used. This choice can invoke arcane debate, but it may be one of the most important that Egypt makes in pursuit of democracy. If the electoral rules are "majoritarian," in that they make it hard for small minorities to get elected, they will work to the disadvantage of not just small ideological tendencies but also the welter of new, emerging parties and political forces-many of them liberal and secular-that will just be taking shape and starting to test their strength. This will inflate the strength of the only two political forces that now have effective political organizations on the ground-the old ruling party and the Muslim Brotherhood (with a smattering of some of the other older opposition parties). If Egypt retains the current electoral system of two-member districts (with each voter getting two votes), these two established political forces could sweep most of the seats between them, marginalizing the moderates, polarizing the parliament and political system, and dooming democracy from the start. Creating a liberal center in democratic politics requires more than moral and technical support for these parties to function; it also requires rules that enable them to get traction.

A much better-and fairer-alternative would be to elect the new parliament using some form of proportional representation, so that parties would win seats roughly in proportion to their vote shares. That way, new parties could begin to gain a foothold in the political process. Perhaps ironically, the best way to do this might be the way Iraq now does, by using the existing governorates (29 in Egypt) as multimember districts, and having each district then elect a share of seats equivalent to its share of the population. This would allow for very proportional results, with districts generally containing ten to 25 seats, while still enabling some accountability and candidate familiarity at the local level.

A truly democratic parliamentary election in Egypt cannot be pulled off in six months. In fact, it might require well over a year to prepare. But the alternative would be to rush to a vote with a flawed system that would leave Egypt's new democratic forces on the margins not just of legislating but of constitution-making as well.

How a new permanent constitution will be drafted-if it is even intended by the military-also remains a mystery at this point. The worst option would be to have a closed and hurried process dominated from above by the military. But that seems to be what the junta intends for the transitional period. Successful democratic transitions either use an expert but broadly representative constitutional drafting commission, and then a popular referendum to confirm the draft, or an elected constitutional assembly (often acting simultaneously as a parliament), possibly followed also by a popular referendum (as in Iraq). Some have used all of these methods combined. Experience of recent decades underscores the importance for future democratic legitimacy and stability of eliciting extensive public dialogue and broad popular participation in the constitution-making process, with adequate preparation and civic education and widespread media exposure, as in South Africa. A thorough, inclusive, and deliberate process of constitutional drafting and debate can also help to breed a more democratic culture at both the elite and mass levels. A rushed and closed process perpetuates authoritarian mentalities (and, often, authoritarian rules as well).

Prior to all of this is the most basic question of who writes the rules, the timetable, and the mode of transition. Egypt has now entered a classic transition game where the authoritarian regime and the democratic opposition have sharply different interests and little basis for cooperation and trust. As an institution, Egypt's military may not be hated the way Mubarak and his cronies were, but many of the generals were Mubarak's cronies. And the military's core interests are not freedom and democracy for the people, but preserving their own power, wealth, privilege, and impunity. The core lesson of numerous prior transitions is the need for a negotiated way out of this potentially fatal impasse. Democrats want democracy with no guarantees to autocrats. Autocrats want guarantees, with no real democracy.

There is an obvious generic compromise, and every successful negotiated transition-from Spain and Brazil to Poland, South Africa, and Indonesia-has settled on a version of it. The old order gets to hang on to most of its wealth and privilege, along with military autonomy at least for a time. Few, if any, henchmen of the old order are prosecuted for their past crimes, unless it is for the last, desperate excesses of a few diehards trying to hang on during the transition. Real accountability waits for a later day. Democrats get democracy. Autocrats (mostly) retain their wealth and influence, but they cannot bid for power unless they play the democratic game. The Yale political scientist Robert Dahl coined a term for this type of bargain. He called it "mutual security." From the Spanish transition on, the generic bargain became known as a political pact.

Only a negotiated pact between Egypt's surviving authoritarian regime and its emergent democratic forces can steer the transition through the current treacherous straits to calmer and freer waters. For that to happen, Egypt's disparate democratic forces must unify in a broad negotiating front that unites the "outside" opposition of the youthful movements with the "inside" opposition of the "wise persons" and established parties who have so far dominated, on an ad hoc basis, the discussions with the old order.

Opposition unity will give Egypt's democrats strategic leverage; if negotiations stall due to regime intransigence, then the unified opposition can more credibly threaten to turn out people by the millions again in protest. But, if negotiations move forward to ensure the essential conditions for a democratic transition-an end to emergency rule; freedom of organization, expression, and assembly; judicial independence; and new and fair electoral administration-then a unified opposition can guarantee social peace and political stability. Opposition coherence enables clear negotiating priorities to level the playing field and ensure a democratic transition. It will also give the old order a clear set of interlocutors who can credibly commit to deliver popular support behind a difficult compromise agreement. No condition is more important for a successful transition.

The role for the United States and other international actors is not to dictate terms for the transition or structures for the new political order. That is not our place, and Egyptians of every political stripe will resent it. But international actors should offer training to political parties and technical and financial assistance to the new civil society organizations and state institutions needed to make democracy work. For the United States., this will mean millions of dollars in new assistance for democracy in Egypt-but that is a trifle compared to the $68 billion we have invested in dictatorship (even if it was to buy peace). No less importantly, other democracies (including leaders of recent democratic transitions) can encourage Egypt's opposition groups to coalesce and share lessons of the strategies and choices that have led to democratic outcomes. And the Obama administration can make it clear to Egypt's military rulers that nothing less than a real transition to democracy-with broad consultation, serious negotiations, and a new climate of freedom-will return Egypt to stability and a lasting partnership with the United States.

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